The gradual erosion of the ultra vires doctrine in English company law

2014 ◽  
Vol 56 (5) ◽  
pp. 347-362
Author(s):  
Chrispas Nyombi
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Company Law ◽  
Content Type ◽  
Over Time

Purpose – The purpose of this paper is to discuss the doctrine of ultra vires and its development over time, which is claimed to be one of gradual erosion. Design/methodology/approach – This paper discusses the doctrine of ultra vires and its development overtime, which is claimed to be one of gradual erosion. Findings – It shows how the abolition of the objects clause has signalled the end of ultra vires. Today, it remains nothing more than a ghost, but one which continues to haunt management. Originality/value – It builds on existing research literature.

A critique of shareholder primacy under UK takeover law and the continued imposition of the Board Neutrality Rule

2015 ◽  
Vol 57 (4) ◽  
pp. 235-264 ◽  
Author(s):  
Chrispas Nyombi
Keyword(s):  
Design Methodology ◽  
Common Law ◽  
Role Play ◽  
Case Law ◽  
Research Literature ◽  
Company Law ◽  
Shareholder Primacy ◽  
Content Type ◽  
Law And Policy ◽  
Detailed Assessment

Purpose – The purpose of this paper is to determine whether the Board Neutrality Rule and the primacy afforded to shareholders during takeovers is justified under common law and policy. Design/methodology/approach – The paper provides a detailed assessment of the role play by the board neutrality rule and whether this is supported by takeover law and Company law. A review of case law and statutes is provided. The paper is largely analytical. Findings – The paper finds little justification for the continued imposition of the Board Neutrality Rule. Originality/value – The paper adds to the growing body of research literature which has analysed the role played by the Board Neutrality Rule during takeovers.

The vexing problem of defining financial exploitation

2015 ◽  
Vol 22 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Shelly L. Jackson
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Financial Fraud ◽  
Content Type ◽  
Financial Exploitation ◽  
Vexing Problem ◽  
Over Time

Purpose – The purpose of this paper was to study the vexing problem of defining financial exploitation. Advocates and practitioners in the field who have been battling financial exploitation are pleased to observe the increased attention that financial exploitation is receiving at all levels of society. With this increased attention, however, there has been a conflation of terms used to describe financial exploitation, resulting in some confusion about what constitutes financial exploitation. Design/methodology/approach – Fully recognizing that definitions serve different functions, this paper identifies three main purposes of a definition and then describes the myriad ways financial exploitation has been defined in the research literature, by organizations, and in civil and criminal statutes. Findings – Financial exploitation has been defined in multiple ways within and across categories. Furthermore, the definition has expanded over time. This paper proposes the need for greater definitional clarity around the concept of financial exploitation, and argues that at a minimum a distinction must be made between financial exploitation and financial fraud. Originality/value – This is the first paper to comprehensively review the myriad ways in which financial exploitation has been defined in the literature, by organizations and within state civil and criminal statutes.

scholarly journals Vulnerable adults in police custody

2019 ◽  
Vol 22 (1) ◽  
pp. 5-8
Author(s):  
Ian Cummins
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Police Custody ◽  
England And Wales ◽  
Content Type ◽  
Increased Risk ◽  
Vulnerable Adults

Purpose The purpose of this paper is to discuss the recent National Appropriate Adult Network (NAAN) report on the role of the appropriate adult. Design/methodology/approach This paper is based on the NAAN report and a review of relevant policy and research literature. Findings There to Help 2 highlights that there are still significant gaps in the provision of appropriate adult schemes across England and Wales. These gaps potentially place vulnerable adults at increased risk. Originality/value This paper is a review of recent research.

Qualitative generalising in accounting research: concepts and strategies

2016 ◽  
Vol 29 (6) ◽  
pp. 1100-1131 ◽  
Author(s):  
Lee D. Parker ◽  
Deryl Northcott
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Key Factors ◽  
General Applicability ◽  
Information Systems Management ◽  
Content Type ◽  
Accounting Research ◽  
Research Findings ◽  
Quality Of Research

Purpose – The purpose of this paper is to identify and articulate concepts and approaches to qualitative generalisation that will offer qualitative accounting researchers avenues for enhancing and justifying the general applicability of their research findings and conclusions. Design/methodology/approach – The study and arguments draw from multidisciplinary approaches to this issue. The analysis and theorising is based on published qualitative research literatures from the fields of education, health sciences, sociology, information systems, management and marketing, as well as accounting. Findings – The paper develops two overarching generalisation concepts for application by qualitative accounting researchers. These are built upon a number of qualitative generalisation concepts that have emerged in the multidisciplinary literatures. It also articulates strategies for enhancing the generalisability of qualitative accounting research findings. Research limitations/implications – The paper provides qualitative accounting researchers with understandings, arguments and justifications for the generalisability of their research and the related potential for wider accounting and societal contributions. It also articulates the key factors that impact on the quality of research generalisation that qualitative researchers can offer. Originality/value – This paper presents the most comprehensively sourced and developed approach to the concepts, strategies and unique deliverables of qualitative generalising hitherto available in the accounting research literature.

The dynamics of regional and global expansion

2015 ◽  
Vol 23 (4) ◽  
pp. 306-327 ◽  
Author(s):  
Christian Geisler Asmussen ◽  
Bo Bernhard Nielsen ◽  
Tom Osegowitsch ◽  
Andre Sammartino
Keyword(s):  
Design Methodology ◽  
Global Market ◽  
Market Penetration ◽  
Content Type ◽  
Global Expansion ◽  
Rates Of Change ◽  
Global Space ◽  
The Impact ◽  
The Relationship ◽  
Over Time

Purpose – The purpose of this paper is to model and test the dynamics of home-regional and global penetration by multi-national enterprises (MNEs). Design/methodology/approach – Drawing on international business (IB) theory, the authors model MNEs adjusting their home-regional and global market presence over time. The authors test the resulting hypotheses using sales data from a sample of 220 of the world’s largest MNEs over the period 1995-2005. The authors focus specifically on the relationship between levels of market penetration inside and outside the home region and rates of change in each domain. Findings – The authors demonstrate that MNEs do penetrate both home-regional and global markets, often simultaneously, and that penetration levels often oscillate within an MNE over time. The authors show firms’ rates of regional and global expansion to be affected by their existing regional and global penetration, as well as their interplay. Finally, the authors identify differences in the steady states at which firms stabilize their penetration levels in the home-regional and the global space. The findings broadly confirm the MNE as an interdependent portfolio with important regional demarcations. Originality/value – The authors identify complex interdependencies between home-regional and global penetration and growth, paving the way for further studies of the impact of regions on MNE expansion.

Changes in the contents of corporate codes of ethics: an institutional interpretation

2015 ◽  
Vol 27 (4) ◽  
pp. 369-388 ◽  
Author(s):  
Jang B. Singh
Keyword(s):  
Design Methodology ◽  
Management Practices ◽  
A Priori ◽  
Codes Of Ethics ◽  
Legal Authority ◽  
Valuable Contribution ◽  
Content Type ◽  
Innovative Management ◽  
Study Population ◽  
Over Time

Purpose – The purpose of this paper was to examine changes in the contents of Canadian corporate codes of ethics over a period of two decades from an institutionalization perspective. Design/methodology/approach – The paper tracks changes in the contents of the codes of large Canadian corporations longitudinally by analyzing their contents at two points over two decades, in 1992 and 2012. In particular, the paper tests three hypotheses related to the institutionalization of codes. Findings – It was found that the codes have become more prescriptive, they are more concerned with social responsibility and are more likely to identify their moral and legal authority. Overall, the findings support an institutional interpretation of the observed changes. Research limitations/implications – While large corporations are critical in establishing new and innovative management practices, their selection as the study population limits the generalizabilty of the findings. Another limitation of this paper is that it used an a priori determined set of items to analyze the contents of the codes and while this was needed to facilitate the comparison across time, it also meant that some important items were not clearly identified. Originality/value – Codes of ethics are the foundation of ethics programs in corporations and their contents could be critical in the development of a culture of ethics in corporations. This paper makes a valuable contribution to research on business ethics by analyzing the codes of ethics of the largest corporations in Canada at two points over two decades. The need to track changes in corporate codes of ethics over time has been advocated by several researchers, but longitudinal studies in this area are rare.

Dynamics of convergence behaviour in social media crisis communication – a complexity perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Milad Mirbabaie ◽  
Stefan Stieglitz ◽  
Felix Brünker
Keyword(s):  
Social Media ◽  
Emergency Management ◽  
Crisis Communication ◽  
Design Methodology ◽  
Content Type ◽  
The Public ◽  
Analysis Techniques ◽  
Twitter Data ◽  
Convergence Behaviour ◽  
Over Time

PurposeThe purpose of this study is to investigate communication on Twitter during two unpredicted crises (the Manchester bombings and the Munich shooting) and one natural disaster (Hurricane Harvey). The study contributes to understanding the dynamics of convergence behaviour archetypes during crises.Design/methodology/approachThe authors collected Twitter data and analysed approximately 7.5 million relevant cases. The communication was examined using social network analysis techniques and manual content analysis to identify convergence behaviour archetypes (CBAs). The dynamics and development of CBAs over time in crisis communication were also investigated.FindingsThe results revealed the dynamics of influential CBAs emerging in specific stages of a crisis situation. The authors derived a conceptual visualisation of convergence behaviour in social media crisis communication and introduced the terms hidden and visible network-layer to further understanding of the complexity of crisis communication.Research limitations/implicationsThe results emphasise the importance of well-prepared emergency management agencies and support the following recommendations: (1) continuous and (2) transparent communication during the crisis event as well as (3) informing the public about central information distributors from the start of the crisis are vital.Originality/valueThe study uncovered the dynamics of crisis-affected behaviour on social media during three cases. It provides a novel perspective that broadens our understanding of complex crisis communication on social media and contributes to existing knowledge of the complexity of crisis communication as well as convergence behaviour.

Getting acquainted with social networks and apps: talking about TikTok

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katie Elson Anderson
Keyword(s):  
Social Networks ◽  
Social Media ◽  
Literature Review ◽  
Design Methodology ◽  
Research Literature ◽  
Content Type ◽  
Social Media Platform ◽  
The Social ◽  
Media Platform ◽  
Information Professionals

Purpose This paper aims to provide information and promote discussion around the social media platform TikTok. Design/methodology/approach Research, literature review. Findings Libraries and library and information professionals should be aware of the potential of TikTok for engagement and information sharing. Originality/value Adds to the research on the social media platform TikTok.

scholarly journals Knowledge representation for missing persons investigations

2017 ◽  
Vol 19 (1/2) ◽  
pp. 138-150
Author(s):  
Mark Taylor ◽  
Denis Reilly
Keyword(s):  
Knowledge Representation ◽  
Design Methodology ◽  
Situation Calculus ◽  
Content Type ◽  
Missing Persons ◽  
State Changes ◽  
Changes Over Time ◽  
Investigation Process ◽  
Practical Implications ◽  
Over Time

Purpose This paper aims to present the application of situation calculus for knowledge representation in missing persons investigations. Design/methodology/approach The development of a knowledge representation model for the missing persons investigation process based upon situation calculus, with a demonstration of the use of the model for a missing persons example case. Findings Situation calculus is valuable for knowledge representation for missing persons investigations, as such investigations have state changes over time, and due to the complexity of the differing investigation activities applicable to different situations, can be difficult to represent using simpler approaches such as tables or flowcharts. Research limitations/implications Situation calculus modelling for missing persons investigations adds formalism to the process beyond that which can be afforded by the current use of text, tables or flowcharts. The additional formalism is useful in dealing with the uncertainty present in such investigations. Practical implications The implications are a simplification of the application of the current police guidelines, and thoroughness in the application of such guidelines for missing persons investigations via situation calculus modelling. Social implications This paper supports the management of missing person investigations, by using the most critical variables in a missing persons investigation to determine relevant investigation and search activities applicable to the circumstances of a given case. Originality/value The novelty of the knowledge representation approach is the application of situation calculus via state and action vectors and a matrix of fluents to the process of missing persons investigations.

Framing the development and directions of business sustainability efforts

2016 ◽  
Vol 16 (4) ◽  
pp. 709-725 ◽  
Author(s):  
Nils M. Høgevold ◽  
Göran Svensson
Keyword(s):  
Qualitative Study ◽  
Design Methodology ◽  
Business Networks ◽  
Convenience Sample ◽  
Content Type ◽  
Business Sustainability ◽  
The Status ◽  
Practical Implications ◽  
Over Time

Purpose The purpose of this paper is to frame the development and directions of business sustainability efforts. Design/methodology/approach A qualitative study was undertaken with respect to a convenience sample of reputable companies in Norway, which have implemented significant business sustainability efforts within their organisations, their business networks, the marketplace and in the society, beyond the level of mere compliance. Findings Different directions are associated with the development of corporate efforts in connection with business sustainability. Business sustainability efforts are not static, but dynamic and based upon continuous flexibility to changes and adaptations over time. Research Limitations/implications The current study highlights the need for further research into the development and directions of corporate efforts in connection with business sustainability in the marketplace and society. A key suggestion for further research is to further explore the existence of other directions. Practical Implications The directions reported, provide a framework to assess the development or the status of companies’ business sustainability efforts in the marketplace and society. Corporate efforts in connection with business sustainability develop over time as experiences are gained and personal impressions move the identified directions forward. Originality/value This study contributes to seven interconnected directions of corporate efforts in connection with business sustainability that are both relevant and potentially fruitful to both scholars and practitioners.

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